Best Tips for Filing of Provisional Patent in India

Intellectual property in the patent form is protected in India and is given to a person who registers his patent under the Indian Patent Act, 1970^[1]. The application for patent is an official request for the grant of a patent or invention filed by the applicant and to obtain this permission it is obligatory on the applicant to file an application at the patent office. This application for patent shall be filed with the Indian Patent Office in two ways i.e. either with provisional specification or with complete specification.

The word “provisional” comes from not being complete and an antecedent of a totally complete specification that shall come afterwards. So, it is not compulsory but it is mainly recommended as it has many advantages for the inventor. Under the Patents Act, there are two kinds of patent specifications and this article we will know about the best tips for filing of provisional patent in India.

What is a Provisional Patent?

Under Section 9 of the Patents Act, patents are provided under two categories:

The filing of provisional patent is the beginning step for obtaining patent protection before being capable to file for a complete patent. Once an inventor starts with an invention and reaches a stage where invention is incomplete but it can be discussed on the papers, in such a situation, the inventor has a right to file for a provisional patent application to claim priority date. The gap between the filing of provisional patent application and the complete patent application specification must be for a time period of twelve months from the date of filing of provisional application.

For getting a complete patent, there is a requirement for a lot of details regarding the design and the specifications that are required. When a person is concerned with research and development then they does not have a completely formed process or design that can be patentable, in that case they may file for obtaining a provisional patent to protect their work. The main reason behind allowing the provisional patents is to grant security and a structure of interim protection to the investors and the patent inventors until they are completely capable of pursuing a complete patent.

Best tips for filing of Provisional Patent

The best tips behind filing of Provisional Patent and why the inventors should file for a patent are given below as because there are many factors like considering the cost and date of filing, protection period, etc. hence filing a provisional patent will give the inventors the following advantages:

• Cost-effective: 

The option for filing of provisional patent is provided under that Act to make sure that if in case the investor or the inventor does not have the financial capacity to file for the complete patent specification or hire for a patent agent, they are provided with the time to file for complete application. The cost of provisional patent filing is lower in comparison to that of a complete patent and hence it is cost effective.

• Interim protection: 

When after filing for a provisional patent the filing is approved, the provisional patent works as an interim protection and protects the inventor for 12 months from the date since the provisional filing. This ensures the inventor regarding their invention during the meantime. Furthermore, this improves their invention and gives them time to complete their requirements before obtaining the complete patent.

• Patent filing date: 

 The date of filing of provisional patent is of a significant importance. For example, in case when there are two applications that are similar then priority is given to the application which was filed in an earlier date in comparison with the application filed on the later date. For that reason, when the inventor has already filed for the provisional patent, and later on files for a complete patent, then the filing date that shall be considered will be the date on the filing of provisional patent. Hence, it is recommended to file for provisional patent application.

• Tag: 

The application for provisional patent has also been proved beneficial for the inventor as after obtaining the provisional patent, the inventor or the investors can use the tag of ‘Patent Pending’ while trying to know the potential of their patent process or design commercially.

• Abandonment:

 the inventor has the option to even abandon his provisional patent if in case any time he wishes to get a complete patent. Hence, the inventor can abandon without stressing about the cost of the whole process.

What Information should be in the Provisional Patent application?

The inventor should be prepared with the following information in his provisional patent application :

• The name of the inventor, title of the invention, description about the process or design of invention.
• Provisional specifications but it shall not contain the claims section.
• Description of the invention which should be explained in detail.
• The objective and field of the invention.

How to File for a Provisional Patent?

The best tip for filing of provisional patent application is that the inventor is required to submit a series of documents and forms. The documents necessary for filing of provisional patent include:

1. Form-1: This is the form used for application for granting patent. The form must be mandatorily signed and submitted within the period of 6 months from the date of filing of the basic application. All the necessary information in the form like the name of the inventor, the kind of invention etc. is mandated to be filled and the applicant should sign the form at the end.
2. Form-2: This form shall contain the provisional specifications. The inventor should mention it as the ‘PROVISIONAL SPECIFICATION’ and write the title, the name of the applicant. Besides, it is important to give the complete description of the invention in the form.
3. Form-3: In case when foreign patent application is required then this form is used for corresponding foreign patent application.
4. Form-5: This form is used for declaration of inventorship.
5. Form-26: This form is used to declare the power of attorney to authorize the Patent Agent. It should be submitted within the time period of six months from the filing of application. (this is compulsory only if the application is filed through a patent agent)
6. Form-28: This is the form only required while claiming as a small entity. Submission of the drawing or the illustration of the design of the invention is necessary.

Conclusion

The provisional patent enables the inventor to register the name against his invention even before it is finalized. The patent is rewarded to the person who files for it first rather than someone who invents it first. Therefore, even when the invention is in its conceptual step, the inventor must start filing for the provisional patent application so as to protect his invention and avail several benefits.

Also, Read: An Overview of Patent Term Extension